Who are the parents of a child? The law of descent in the Netherlands

Abstract

In Dutch law an illegitimate child can get a legal father by acknowledgement. Acknowledgement is a legal act. It is - in the light of the discussion on the value of biological reality - not necessary to change this character: acknowledgement gives a presumption of biological paternity that can be rebutted.

Illegitimate unacknowledged children can have an interest in an acknowledged or legitimate status. Article 8 of the ECHR and art. 162 of Book 6 Civil Code gives the opportunity to illegitimate unacknowledged children to get a legal father:

• When the biological father has family life' with a child on the ground of art. 8 of the ECHR they both have a right to have a legal relationship with each other. The biological father has in that case the right to acknowledge the child. The mother has the right to refuse her permission for acknowledgement, unless she abuses her power. Here lies a connection to the law of obligations (art. 13 Book 3 Civil Code).

• Compulsory acknowledgement is possible when the child has a family life' with his biological father. Independent of art. 8 of the ECHR, a breach of confidence on the basis of art. 162 of Book 6 Civil Code (as well as a breach of contract) will be sufficient reason for compulsory acknowledgement. This is also a link to the law of obligations.

Key Words:

• acknowledgement
• art. 8 ECHR
• illegitimate child
• law of descent
• law of obligations
• legitimate child
• paternity